Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Joanne1989 Novitiate

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    Default Mortgage arrears barclays

    I have got approximately 4500 mortgageicon arrears and 6 broken arrangements even though I have informed them when I have broken them as I knew I would and I have been off work this month so broken my last arrangement. The reason for the mtg arrears is due to being I'll when pregnant then my other half leaving me! My last arrangement I have been paying 1089 which was 488 towards my normal payment and the rest off the arrears however Barclaysicon wont set another arrangement up for me instead say they will be referring it to some debt managementicon people. I am not sure what to do and don't want my house repossessing but not sure If it's going to happen. I am currently working full time n really struggle making a payment of 1089 but have been since jan 2011. Please advise


  2. #2
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    Default Re: Mortgage arrears barclays

    Given your income, you are paying far too much towards the arrears ! no wonder you can't keep it up. I suppose Barclaysicon told you what they wanted you to pay instead of you telling them what you can afford ?

    You need to write to them encllosing a budget sheet and making an offer of payment you can affiord. I have affixed the budget sheet we normally use, it calculates automatically as you fill it in. If you need help constructing the letter to Barclays, I'll happily draft one for you. Your home won't be repossessed if you can keep up payments and a reasonable amount towards the arrears.

    Once you have completed the budget sheet come back and let us know how much you have left over each month to pay towards the arrrears.

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  3. #3
    Basic Account Holder Joanne1989 Novitiate

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    Default Re: Mortgage arrears barclays

    They have said because of the broken arrangements they will be putting it forward to a debt managementicon company who will visit my house, as the leel of arrears is high and also the high number of broken arrangements.
    Barclaysicon said they needed to be paid over a year however will not set anymore arrangements whatsoever even though I wanted to set it for the same amount o start from next month.
    I have done a budget previously and genuinely have reason or non payment but the way the senior rep at barclays spoke to me it was clearly stated they would be referring it if I missed this months payment, to which my reply was I would have no way of paying it however could spread it over he remaining six month of the arrangement but the man said no it would be referred.
    Thanks


  4. #4
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    Default Re: Mortgage arrears barclays

    Well they can say what they want, but you should only pay what you can afford. If they send a debt advisor to your home they will most likely charge you for it, so you need to write them the letter I suggested with your realistic offer of payment, that way if they do take further action you can prove you have tried to come to an arrangement with them. Lenders always want arrears paid over a shorter period of time than is usually practicable but there is no point in saying you will pay a large amount each month if you will struggle to keep it up. If it ever did go to court the judge would only order what you can afford.

    Have you filled in the budget sheet I affixed to my previous post ?

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  5. #5
    Basic Account Holder Joanne1989 Novitiate

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    Default Re: Mortgage arrears barclays

    I will do that tonight and work everything out, is it likely that my home will get repossessed?
    I am worried as I have two young children.
    I still have the arrangement in place that will break until the 30th June and they said it would take three weeks for the company to come out, who to be honest I would prefer not coming as my children will be here if I am not at work.
    I explained to the colleague at Barclaysicon that I know ie had broken arrangments but this one I've paid 5 months required. I did ask them to add it on or extend the term but they also said no.
    I feel like I don't have any options left due to violating precious arrangements if that makes sense. However I have always stayed in contact with them to prior warn them if I knew I wouldn't manage to make it. Many thanks again


  6. #6
    Basic Account Holder Joanne1989 Novitiate

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    Default Re: Mortgage arrears barclays

    Hi can you do me q templateicon letter please


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    Default Re: Mortgage arrears barclays

    I'll draft a letter for you and affix to this thread, once you have done the budget sheet let me know how much you can realistically afford to pay towards the arrears each month in addition to the normal monthly payment. Please don't cut back on essential things just so you can offer a large amount to keep them off your back, much better to offer an amount that you can sustain.

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  8. #8
    Basic Account Holder Joanne1989 Novitiate

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    Default Re: Mortgage arrears barclays

    I think I'm just scared of losing my home hence the reason forthe large payments, I have been cutting back beyond belief on everything to maintain payments. granted I have a car I need and try still to get kids think but hunt on car pots etc. I'm just scared they'll come repossess my house like has now been threatened by Barclaysicon


  9. #9
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    Default Re: Mortgage arrears barclays

    Hi, I know you're scared and they'll know that too, that's why they take advantage of your fear and demand large payments because they know you'll do amything to keep them happy. They can't "just come and repossess your home", they would have to take you to court first and there is no way a judge would allow repossession of your home when you have an income and can make your mortgageicon payments plus a bit extra towards the arrears, also you have two children living in your property which makes a big difference.

    Fill in the budget sheet and then let me know what you can afford.

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  10. #10
    Basic Account Holder Joanne1989 Novitiate

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    Default Re: Mortgage arrears barclays

    Hi I can afford 800 but that leaves me to where I have just enough spare for petrol to get to work so should I ask that I pay less or this doesn't leave any money for kids clothes and to do anything at all, I dont want then to refuse it


  11. #11
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    Default Re: Mortgage arrears barclays

    Hi there, I suggest you offer much less - if they refuse it you make the payments anyway and see what they do. If they were to take this to court there is no way the judge would expect you to pay 400 extra per month - he would more than likely halve it !! There is case law which the judge can consider that allows for arrears to be paid over a long peroid of time - even over the remaining life of the mortgageicon. Barclaysicon will know all about this case law, but will not expect you to know.

    If you wouldn't mind - could you email your budget sheet to me at ell-enn@consumeractiongroup.c o.uk ? I can then advise what you should be including.

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  12. #12
    Basic Account Holder Joanne1989 Novitiate

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    Default Re: Mortgage arrears barclays

    I have emailed you


  13. #13
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    Default Re: Mortgage arrears barclays

    Hi, yes I have received it and replied.

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  14. #14
    Basic Account Holder Joanne1989 Novitiate

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    Default Re: Mortgage arrears barclays

    Hi did you receive budget


  15. #15
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    Default Re: Mortgage arrears barclays

    Yes, but I can't read it as it is scrambled in the body of the email. Can you attach the file to an email rather than put it in the actual email ?

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  16. #16
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    Default Re: Mortgage arrears barclays

    Hi there, I haved affixed the letter to go with the budget sheet. Make sure you send by special delivery and keep a copy for yourself. Check on the royalmail website a few days after posting to print off the signatureicon receipt -keep that safe with your copy of the letter in case we need it later.

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  17. #17
    Basic Account Holder Joanne1989 Novitiate

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    Default Re: Mortgage arrears barclays

    Hi just wondering I've sent letter and wOndering what normally happens now thanks


  18. #18
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    Default Re: Mortgage arrears barclays

    Have you checked if they have signed for it?

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  19. #19
    Basic Account Holder Joanne1989 Novitiate

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    Default Re: Mortgage arrears barclays

    Hi I didn't get a receipt however sent it recorded so haven't been able to, shall I repost the letter?


  20. #20
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    Default Re: Mortgage arrears barclays

    Did the post office not give you a white till receipt ?

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